In 2000, I helped a friend and sign a guaranty so she could get an apartment lease. It was for one year ending July 2001. Just yesterday I was informed a company put me in for collection back in 2005! I have extremely good credit and someone thought this one negative must have been a mistake.
I protested this claim with the credit reporting company and decided to contact the collection agency to see what it was about. They informed me that the person owed $1300 in rent from 2005 at the same complex. I was told that if I read the fine print on the guaranty it states "You agree that your obligations as guarantor will continue and will not be affected by amendments, modifications, roommate changes or deletions, unit changes, or renewals in lease contract"
Since I originally signed a guaranty for this person for a one bedroom apartment and the debt is for a 2 bedroom apartment (with a roomate) FOUR years later it is my position that this is ovbouisly a new contact NOT a renewal. The collection agency disagrees as they want money.
How do I prove it was a new lease and not a renewal?
I protested this claim with the credit reporting company and decided to contact the collection agency to see what it was about. They informed me that the person owed $1300 in rent from 2005 at the same complex. I was told that if I read the fine print on the guaranty it states "You agree that your obligations as guarantor will continue and will not be affected by amendments, modifications, roommate changes or deletions, unit changes, or renewals in lease contract"
Since I originally signed a guaranty for this person for a one bedroom apartment and the debt is for a 2 bedroom apartment (with a roomate) FOUR years later it is my position that this is ovbouisly a new contact NOT a renewal. The collection agency disagrees as they want money.
How do I prove it was a new lease and not a renewal?
